Terms and Conditions
TERMS AND CONDITIONS
Definitions
In this document, unless the context indicates otherwise, the words and expressions set out below shall have the meanings assigned to them and cognate expressions shall have a corresponding meaning, namely –
“Eezifit” means Foshan Trading (Pty) Ltd 2006/000408/07 trading as Eezifit;
“Terms and Conditions” means these terms and conditions; and
“Website” shall mean Eezifit’s website with the following link, https://eezifit.co.za/.
Application
These Terms and Conditions apply to Eezifit and any and all persons, who are consumers for purposes of the Consumer Protection Act, 68 of 2008 and who access, visit, subscribe to, and/or utilise Eezifit’s Website, and/or any of Eezifit’s products and/or services and/or register for and/or open an account (whether electronically or otherwise) with Eezifit.
By accessing, visiting, and/or utilising the website of Eezifit and/or any of the products and/or services provided via the website and/or registering and/or subscribing to and/or opening an account (whether electronically or otherwise) with Eezifit and/or buying any of our products and/or services, you accept and agree to adhere to the terms and conditions contained herein and acknowledge that these Terms and Conditions constitute a legally binding agreement between yourself and Eezifit.
You may not use our products for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).
Change in terms
We reserve the right to modify, amend, suspend, replace, substitute, deny access to or cease offering any of the services on our Website or any portion of the services on our Website at any time for any reason by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Website constitutes your consent to be bound by these Terms and Conditions, as amended. Should you not accept the amended Terms and Conditions, you shall refrain from making use of the products and services provided on the Website and immediately take all necessary steps to close any account as well as accessing the Website.
Registering, Guest Check Out & Using the Website
Only Registered Users and/or Guests (Guest Check Out) may purchase products on the Website.
In order to register, you must provide a unique username and password as well as certain personal details and/or information such as an email address, physical address for delivery purposes and a cell phone number, to Eezifit.
You acknowledge that you will only use your username and password to access the Website and to purchase products and that you will not disclose your username and password to any third party.
You agree to notify Eezifit immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and that you will take the necessary steps to mitigate any resultant loss and/or damage.
By using the Website, you warrant that you are 18 (eighteen) years of age and/or older. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your legal guardian and/or parent. If your legal guardian and/or parent give their consent, they agree to be bound to these Terms and Conditions and the entirety of these Terms and Conditions.
You may not use the Website to distribute any material, electronic or otherwise which is defamatory, offensive, contains or amounts to hate speech or is in anyway unlawful or harmful.
You may not display, publish, copy, print, post or use the Website and/or the information contained herein without the express prior written consent of an Eezifitgear representative.
Copyright and intellectual property
All copyright, trademarks, logos, names, designs, service marks, proprietary rights, goodwill, intellectual property rights, materials, texts, information, illustrations and data on the Website or modifications thereof (whether registered or unregistered) are owned by Eezifit, alternatively, Eezifit is the lawful user and licensor thereof, and is protected under both RSA and international intellectual property laws. Nothing contained on the Website should be construed as granting any licence or right to use any of the intellectual property without the prior written consent of Eezifit.
Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such intellectual property or any component thereof by a user will be an infringement of such rights of Eezifit and you hereby indemnify Eezifit and any third party against any loss, liability, damage, claim, action or expense of whatsoever nature (whether direct, indirect, specific, incidental or consequential) which Eezifit or any third party may suffer which is caused by or attributable to your unauthorised use of the intellectual property.
All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the Website are granted to you.
Liability
Eezifit’s Website, products and services are provided without any representations or warranties, express or implied.
You acknowledge and agree that neither Eezifit nor any directors, employees, agents or representatives of Eezifit are liable for any loss or damage which may be incurred through accessing, using of or registering on the Website. This includes, but is not limited to, any direct loss, any indirect, special or consequential loss, whether with respect to any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data, or any loss whatsoever.
To the fullest extent permitted in law, you the client, shall and undertakes to, defend, indemnify, and hold harmless Eezifit, its officers, directors, employees, agents, representatives and affiliates, for any losses, costs, damages, liabilities and expenses (including legal fees) relating to or arising out of your use of Eezifit’s services, products and/or Website and/or your breach of these Terms and Conditions.
Eezifit and its affiliates disclaim all liability, howsoever arising and of whatsoever nature, for the acts or omissions of another client (including unauthorized users, or “hackers”) of the Website.
Any views or statements made or expressed on the Website are not necessarily the views of Eezifit, its owners, shareholders, directors, employees and/or agents. Eezifit does not accept any responsibility for any errors or omissions on this Website.
We and our subsidiaries, affiliates, any of our respective agents, officers, directors, employees, information providers or content providers specifically do not make any warranties, representations, and/or guarantees regarding the accuracy or completeness of any information or services supplied and advertised on the Website. The Website and the service/s are provided “as is”.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Eezifit also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans or any other data which is able to corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware or software in any way.
We do not warrant that your use of the Website or any service provided will be uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected.
Terms and Conditions of Sale
Registered Users and/or Guests (Guest Check Out) may place orders for products as long as the products are available and have not been sold out.
An agreement of sale between you and Eezifit will come into effect upon completion of payment or payment authorisation being received by Eezifit and by delivery of the products to you.
Whilst Eezifit will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the products when the products are available.
Data Protection
Eezifit may be required to process personal information about you.
Eezifit’s privacy policy sets out the manner in which Eezifit processes personal information which is collected from you and the purpose of such processing (“Privacy Policy”).
Eezifit undertakes to collect and process personal information in accordance with Protection of Personal Information Act No. 4 of 2013 (“POPI”) and subject to the Privacy Policy. A copy of the Privacy Policy is available on Eezifit’s website and can be accessed by clicking on the following link https://eezifit.co.za/privacy-policy/
By consenting to these Terms and Conditions, you hereby confirm that you have read the Privacy Policy, understand its contents and consent to the processing of your personal information in accordance with the Privacy Policy as required for the uses set out therein.
Breach
Should any party (“Defaulting Party“) commit a breach of any provision of these Terms and Conditions and fail to remedy such breach within 14 (fourteen) days of receipt of notice from the other party (“Aggrieved Party”) calling upon it to remedy the breach, the Aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
- any amounts that may be due to it in terms of this agreement; and
- any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing law and jurisdiction
These Terms and Conditions and the content and information related to the services which are featured on the Website are based on and shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa (“RSA”).
Both Eezifit and you, the user, hereby consent to the exclusive jurisdiction of the Courts of RSA in connection with any action, application, claim or procedure which either party may institute in connection with these Terms and Conditions and/or relating to or in connection with any services and/or products of Eezifit and/or the website of Eezifit.
General
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these terms and the remaining provisions shall be enforced to the full extent of the law.
Eezifit’s failure to act with respect to a breach by you or others does not constitute a waiver of Eezifit’s right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede any of your rights or assign any rights or delegate any obligations that you may have in terms of these terms to any third party without the prior written consent of Eezifit.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities and trusts.
These terms set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.